Martson unpaid court judgement on TV license Misspelt name on Letters and Notices

[tkay1]

Hi there,

 

I recently have been getting letters and notices from a company called Martson for an unpaid court judgement on TV license a few years back. The truth is I can not remember ever being caught for an unpaid TV license (or giving my details out) and the only time when this could have happened is when I rented my property for about 2 months. So I am guessing the tenants incorrectly gave my name out.

 

Anyway i have be sent a number of notices with my name and surname misspelt, and I never opened or paid any mind to the letters (stupidly) and now i got a removal notice through my door saying they have a warrant on behalf of HMCTS to collect 550 pounds. I have been warned by friends not to open my door to this people but my neighbour's car got clamped yesterday by the same guy and I fear I might be next.

 

My questions are, the fact that my name and surname are misspelt, does that have any legal ground? Secondly if they do come to my house and clamp or attempt to clamp my car what do I do?

 

Thanks in advance.

[Conniff]

Definately do not open your door to them and do not pay a single penny.

 

TV license failure to pay is a criminal offence and you would definately had a few letters from TVL as well as a visit and then the court summons and then the outcome of that summons and the Royal Mail must accept some critism but they aren't that bad that all those letters would have gone missing.

 

Email TVL in Bristol and ask them about it.

 

I get no results on Google for a DCA with this name, can you confirm the spelling is correct and if so, can you put up some more details ie address etc please.

Edited June 1, 2012 by Conniff

[tkay1]

Thanks for the reply.

 

Coincidentally, the Bailiff has returned to unlock my neighbours car and his assistant is inspecting my car on my drive. I know everyone keeps advising me not to open my door but what do I do if they clamp my car? Plus legally its not my name, so they definately shouldn't be able to clamp my car as they will need to check my details with the DVLA first, right?

 

Also with regards to the letters, I never posted all the letters back to be honest. I just threw away some which with hindsight wasn't a good idea.

[Conniff]

Half a story is no good tkay1.

[wonkeydonkey]

This is from the sticky by Tomtubby.

 

"The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a letter or visit from a bailiff at their current address."

 

In the main these FINES are commonly for the following:

 

Using a TV without a Licence.

 

Driving without valid insurance

 

Driving without valid Road Fund Licence.

 

Failure to provide driver details

 

Driving whilst using a mobile phone.

 

......................... ......

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the distress Warrant and all bailiff fees will then have to be removed.

 

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

 

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

 

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

The following is a template Statutory Declaration.

 

 

I:

Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

 

AND THAT:

 

Notification of this fine first came to my attention on (enter date) when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

 

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

[seanamarts]

have you contacted TV licensing and requested more information from them asking how much is owed and from what dates to what dates. Have you also told them that you were unaware of any court proceedings against you.

[tkay1]

Hi Guys Thanks for all the replies.

 

@ Contiff, I have no reason to tell half stories especially as I need the help, don't get where that accusation is coming from.

 

Anyway the inevitable happened, my car got clamped and I had to call the Bailiff (as I pretended I wasn't at home).

 

After she explained the whole situation to me, I offered to pay half and she refused. I called the office and told them I wanted to pay half the fine and set up payments for later, they agreed only to come back to me and informed me that the bailiff wants only the full payment.

 

She's been parked in front of my house for 3 hours now and she says she is waiting for the tow truck! I don't know what to do as I offered her the maximum i could afford. My neighbour called me and said the bailiff is very inconsiderate and will not release my car till full payment. I am so confused as I genuinely can only afford half but she doesn't want to accept it.

[caledfwlch]

Get someone to sit in the car, or sit in it yourself? Before you do so though, print off stuff from the internet to inform any Police that attend that they have no right to get involved, except to stop a breach of the peace- and sitting in your own car is not breach of the peace.

 

You need to yourself, or get someone to start filming the Bailiff too, so all her actions are on camera.

 

Whatever happens, whatever they say, DO NOT give them your car keys. You are under absolutely no legal obligation to do so. It depends really how prepared you are to stand up for yourself and your car. If you sit in it, she will likely call the Police.

[hallowitch]

get the stat dec done asap (post 5)

 

is the car on finance what is its value

[tkay1]

I got my friend to block access to my driveway so the tow truck cannot access my property. My car is not on finance but is worth only abt 2500 pounds anyway.

 

I called TVL and they say I owe about 350 from 2010 but they cant really give me details of how they came to that figure which is confusing and advised to sort out outstanding amount before any appeal.

 

I explained to the Bailiffs that I had no prior Knowledge of court dates but she repeatedly said because i have had 5 bailiff visits, that excuse is weak.

 

What so annoying is if she accepts what I am offering and definately going to pay the balance next month as the whole ordeal today is just depressing but she is being very inconsiderate and keeps threatening me with the tow truck. really fed up now!

[caledfwlch]

Make sure your friend knows that the Police should they turn up have no lawful authority to remove, or to order your friends car removed. I bet the Bailiff's face is a total picture right now!!

 

If the Police turn up, get your friend to give them your number and ask them to ring you, and you can tell them you have given your friend permission to park on your land Any attempt to physically move your friends car would likely be a criminal offence. Best advise to give any police will be to "contact your Forces legal office and receive instructions before doing or trying to do ANYTHING" The legal officer should tell them to back the hell off, and only intervene if a breach of the peace occurs, your friends car blocking your car in is not a breach of the peace, refusing to deal with the Bailiff is not a breach of the peace.

 

Also, ignore any threats of "arrest" by the Bailiff, as I understand it, they would need a specific signed arrest warrant from a magistrate for that

[hallowitch]

get the stat dec done this will mean it goes back to court (all bailiff fees are removed ) and TVL will have to give the court details if they defend it

 

why should you pay anything when you didn't even know you had been fine

 

once the stat dec is done all enforcement will stop

[tkay1]

Thanks Guys for all your help! After my mate blocked off my car, i finally came out of my house and approached her! I showed her a copy of the Statutory Declaration which i printed out using the template above and she succumbed and asked for a part payment. She agreed to part payment because I finally realised that apart from the time I received notices from her company, I actually did not receive the initial court letters because my house was flooded and was under renovation. I also showed her the council tax exempt letter which proves I was genuinely not living in the house during that period and tables were turned she still insisted for part payment, which i did pay and she removed the clamp. I will definately follow this case up as I feel i have really been harrased.

 

Really guys thanks for all your help! I know I was a bit sketchy in providing information but that is because its the first time this has ever happened to me and I was doing 10 things at once! Anyway Thanks again.

 

oh and pardon my atrocious grammar and spelling, lol!

[Conniff]

Well done, if you think you might struggle with the remainder so they come back heavyhanded, then move your car so they can't clamp it again.

[hallowitch]

I do hope you are going to file that stat dec with the court

[tkay1]

I will definately file it the doc. I am literally going to jump in "MY CAR" after this and go get it stamped by the solicitors. I am confident to an extent because I have proof. She did say that because the bailiffs visited my property 5 times the Stat Dec will be pointless. I told her she was talking out her backside as I never received court letters so bailiffs visits does not affect my the stat dec, right?

[hallowitch]

you should file a stat dec within 21 days of being aware of the fine (bailiffs visit) did you really have a bailiff visit the property you live in now 5 times i doubt it

[tomtubby]

Today, you MUST telephone the court that issued the fine and advise them that you had not received a summons and that the reason for this is because of your home being flooded. The court will then advise you whether to send a Stat Dec to them or alternatively ,they will make an appointment for you to swear the stat dec in court.

 

Please ensure that you make the call to the court TODAY !!